United States Sixth Circuit

District court's denial of defendant's request for habeas relief, claiming ineffective assistance of counsel and denial of an appeal as of right in violation of his constitutional right to access the courts, is reversed and remanded where: 1) the prison's handling of defendant's papers precluded him from pursuing his statutory right of appeal and the argument that prison officials did not intentionally suppress defendant's legal papers is irrelevant as the effect was the same; and 2) defendant is entitled to a presumption of prejudice.

Appellate Information

• Argued 01/19/2010
• Decided 04/05/2010
• Published 04/05/2010

Judges

• Before SILER, MOORE, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Gene Crawford, Jones Day, Columbus, Ohio, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF:Gene Crawford, Jones Day, Columbus, Ohio, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. John A. Dorn, Coldwater, Michigan, pro se.